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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of April 4, 2017 No. 202

About approval of Rules of forced evacuation, movement of the vehicle to the specialized parking, its storages and use of locks of wheels or other types of devices

(In edition of the Order of the Government of the Kyrgyz Republic of 22.11.2018 No. 544)

According to the Code of the Kyrgyz Republic about violations, articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Rules of forced evacuation, movement of the vehicle to the specialized parking, its storages and use of locks of wheels or other types of devices according to appendix.

2. To the Ministry of Internal Affairs of the Kyrgyz Republic:

- carry out broad information and explanatory work among the population about rules of forced evacuation of vehicles;

- organize work on forced evacuation of vehicles according to this Resolution;

- bring the decisions into accord with this Resolution.

3. To impose control of execution of this Resolution on department of defense, law and order and emergency situations of Government office of the Kyrgyz Republic.

4. This Resolution becomes effective after seven days from the date of official publication.

Prime Minister of the Kyrgyz Republic

S. Zheenbekov

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of April 4, 2017 No. 202

Rules of forced evacuation, movement of the vehicle to the specialized parking, its storages and use of locks of wheels or other types of devices

1. General provisions

1. These rules establish for divisions of traffic safety of law-enforcement bodies of the Kyrgyz Republic (further - Department of Internal Affairs) single procedure:

- forced evacuation and movement of the vehicle to the specialized parking in the cases established by the legislation of the Kyrgyz Republic;

- return of the vehicle after its forced evacuation;

- blocking of wheel of the vehicle by means of locks of wheels or other types of devices in case of violation by the driver of rules of stop or the parking of vehicles;

- removals of blocking of wheel of the vehicle;

- storages of vehicles.

2. In these rules the following terms and their determinations are applied:

- the wheel lock - the special blocking device established on the vehicle wheel excluding possibility of its further movement (rotation of wheel). As locks other types of devices interfering rotation of wheel or movement of the vehicle (the devices blocking rotation of steering wheel, interfering opening of doors, engine start, etc.) can be used;

- forced evacuation - forced movement of the vehicle from the place of making of violation or from the place of making of the road accident on the specialized parking;

- use of locks of wheels or other types of devices - the forced installation of technical means on the vehicle excluding possibility of its movement (rotation of wheel) in case of violation by the transport driver of rules, responsibility for which is provided by part 1 of article 123 of the Code of the Kyrgyz Republic about violations.

3. Forced evacuation of the vehicle is performed with use of the egresses belonging to Department of Internal Affairs or other organizations (individuals).

The admission of the organizations (individuals) to the procedure of forced evacuation is performed based on the signed contracts between division of traffic safety of Department of Internal Affairs and the organizations (individuals) by results of holding open tender according to the legislation of the Kyrgyz Republic.

4. Person who made the decision on forced evacuation of the vehicle in the absence of the driver immediately informs operational control room of territorial subdivision of traffic safety of Department of Internal Affairs in the location of the vehicle which provides information on movement and the storage location of the detained vehicle on written or verbal (telephone) inquiry.

5. Legal entities (individuals), the staff of Department of Internal Affairs (workers) who performed forced evacuation, storage of the vehicle on the specialized parking according to the legislation of the Kyrgyz Republic bear responsibility for the damages caused to the vehicle during its forced evacuation, finding of the vehicle on the specialized parking and its safety.

2. Forced evacuation of the vehicle and its movement to the specialized parking

6. The decision on forced evacuation of vehicles is made by the service employees of divisions of traffic safety of Department of Internal Affairs given authority on creation of protocols and hearing of cases about violations and also to imposing within the powers of penalties conferred to them.

Forced evacuation of the vehicle on the specialized parking is performed for abuse of regulations of stop and the parking:

- on railroad crossings, in tunnels;

- on sidewalks and bicycle tracks;

- on platforms, bridges, overpasses (if for movement in this direction there are less than three strips) and under them;

- in places where the distance between firm line of marking (except the carriageway designating edge) and the stopped vehicle makes less than 3 meters;

- at crosswalks and 5 meters before them are closer;

- closer than 15 meters from stopping platforms, and in case of their absence - from the index of stop of route vehicles or taxi if it creates hindrances to their movement;

- in places where the vehicle makes impossible movement (entrance or departure) of other vehicles, or will create hindrances for movement of pedestrians;

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